Explained | Opposition seeks Om Birla's removal: What is the procedure to impeach Lok Sabha Speaker

As the Budget Session of the Parliament resumed on Monday, an Opposition-sponsored resolution seeking the removal of Lok Sabha Speaker Om Birla was the biggest headline on the first day.

Opposition parties have accused Birla of not allowing Rahul Gandhi and other Opposition leaders to speak, suspending MPs, accusing women MPs of planning to attack Modi and parroting the government line on “controversial” issues.

The motion has also sparked curiosity around the process which is used to impeach a Lok Sabha Speaker.

Let's take a look at the procedure as prescribed by the Indian Constitution.

According to Article 94 of the Constitution there are certain circumstances in which the Speaker or Deputy Speaker of the Lok Sabha vacates office.

• Article 94(a) states that the Speaker or Deputy Speaker automatically cease to hold office if they stop being a member of the Lok Sabha.

• Article 94(b) allows them to resign at any time by submitting a written resignation.

• Under Article 94(c), they may be removed by a resolution passed by a majority of all the then members of the House.

It is noteworthy provision applies exclusively to the Lok Sabha and not the Rajya Sabha.

Procedural requirements for the removal of LS Speaker

Rules 200–203 of the Rules of Procedure and Conduct of Business in Lok Sabha govern the specific steps of the process.

A resolution for removal of Lok Sabha Speaker can only be moved after giving at least 14 days notice. The notice must be signed by at least one member and given in writing to the Secretary-General of the Lok Sabha.

In order for the motion to be admitted for discussion, at least 50 members must rise in support of it in the House. The motion is dropped if it gets the support of less than 50 members.

Guidelines for the motion

• The charges in the resolution must be specific, clearly expressed, and precise.

• It must not contain arguments, inferences, ironic expressions, imputations, or defamatory statements.

• The discussion is strictly confined to the charges mentioned in the resolution.

For the removal to be successful, the resolution must be passed by an "effective majority." Effective majority means the majority of all the then members of the House.

As per Article 96, the Speaker cannot preside over the House while a resolution for their removal is under consideration.

The Speaker has the right to speak and take part in the proceedings. They can vote in the first instance (as an ordinary member), but not in the case of a tie.

Though there are past instances of resolutions seeking the removal of Speaker, no Lok Sabha Speaker has so far been removed using this process.